What is a no-fault divorce in the UK?
A no-fault divorce is a legal process in England and Wales that allows couples to end their marriage without having to prove ‘fault’ or assign blame. Introduced in April 2022, it replaces the need to provide adultery or unreasonable behaviour as a reason for the divorce with a simple statement that the marriage has irretrievably broken down.
Why was no fault divorce introduced?
The purpose of the law reform was to make the divorce process less adversarial, so that couples can focus on important matters like:
- Financial settlements
- Child arrangements
- Property division
The introduction of no-fault divorce has paved the way for amicable divorce collaboration, rather than conflict and stress, helping to reduce the overall time and costs it takes to negotiate and obtain a divorce.
What was divorce like before no-fault divorce?
Before April 2022, any divorcing couple, even if they both agreed that they were equally ‘at fault’, or even where no one was at fault, had to assign blame to one or other party if they wanted to divorce in under two years . Often, this wasn’t reflective of the actual situation. For example, the reason for the end of a marriage is typically the cumulative result of a combination of factors felt by both parties, rather than the deliberate actions of just one.
There were five grounds for fault-based divorce, and couples had to spend a minimum of two years separated before they could file for divorce. The alternative was to cite behaviour or adultery as their grounds for divorce to demonstrate that their marriage had irretrievably broken down. However, they then had to assign blame to one party, making allegations and disclosing the full details in their divorce application. This often led to more animosity and deflection from the practicalities of dealing with other aspects of the divorce.
What were the five grounds for divorce?
- Behaviour: The most common ground for divorce as it covered many types of ‘unreasonable behaviour’ and, while details of the behaviour were necessary, it didn’t require admission from your ex-partner.
- Adultery: This included the need for either your ex-partner to formally admit to having sex with someone else, or for you to prove it had occurred. In addition, the law’s definition of adultery only referred to opposite-sex affairs, so it could not be applied if your ex was in a same-sex relationship.
- Separation, two years: You will have lived apart for two years, and the other party consents to the divorce.
- Separation, five years: In this case, the consent of the other party to the divorce was not required.
- Desertion: Fundamentally different to separation, it referred to abandonment.
What happens if there has been ‘unreasonable behaviour’?
Under the no-fault divorce system, bad behaviour (legally known as conduct) is considered, but rarely impacts the process. However, if their behaviour was severe, it can still affect the financial settlement and child arrangements, if financial misconduct was experienced, though the threshold is exceptionally high.
For example, it can affect child arrangements if the conduct in question impacts safety. The court’s paramount concern is the welfare of the child. Therefore, an affair or being a ‘bad spouse’ does not automatically make someone a bad parent in the eyes of the law.
However, the court will intervene with supervised contact or restricted residency if the conduct involves:
- Domestic abuse
- Substance misuse
- Anything that poses a risk to the child’s physical or emotional safety
How is no-fault divorce different?
With a no-fault divorce, the only ground for divorce is that your relationship has ‘irretrievably broken down’. No other justification is needed to grant a divorce.
You are no longer required by law to apportion blame to either yourself or your ex, fit your reasons for separation into one of the five reasons for divorce, formally accept blame if a divorce petition has been made against you, or provide proof of wrongdoing to support your application.
As part of this law reform, you can no longer contest a divorce if you are the respondent. Instead, it can only be contested in exceptional circumstances, including:
- Jurisdiction
- Proof that the marriage was never valid
- The marriage had already legally ended
This means that if your spouse files for divorce without your consent, or even without your knowledge, you must legally go through with the process.
In addition, under the new divorce law, if you and your partner both agree that your marriage has broken down irretrievably, you will be able to make a joint application for divorce. You can still apply as a sole applicant, and if you start as a joint application, you can later switch to a sole application if your spouse becomes uncooperative during the process.
How does no fault divorce work?
The no-fault divorce timeline involves multiple key stages:
- Under the new law, you, or you and your spouse, can make an application for divorce on the grounds that your marriage has broken down irretrievably.
- After a minimum of 20 weeks, the applicant(s) can confirm that they wish to proceed with the divorce.
- The court can then make a Conditional Order (previously called a Decree Nisi).
- After a minimum of 6 weeks, the court can make the Final Order (previously called a Decree Absolute).
Solicitor’s tip: As with the previous law, you cannot apply for a divorce during the first year of marriage.
How much does no-fault divorce cost?
The cost of your divorce is dependent on the complexities of your unique case and how long the process takes. There is always the mandatory court fee for filing a divorce application in England and Wales, which is currently £612. This is a fixed fee payable to the court at the start of the process via the Government Online Portal.
To find out how much an average UK divorce costs, make sure to check out our guide.
How long will a no-fault divorce take?
The new process can take a minimum of 26 weeks, which includes the 20-week cooling-off period after the application has been made and the 6 weeks before the Court makes the Final Order. This does not factor in the time needed for administration, processing, and negotiations.
This is usually done during the 20-week cooling-off period, but it is advisable to wait to apply for the Final Order until the parties have concluded the financial settlement.
The length it will take for your divorce to be completed is dependent on the complexity of your case, waiting for a court date, and any delays in negotiations.
What are the benefits of no-fault divorce?
There are a number of benefits to the new no-fault divorce, including:
- You no longer need to navigate agreeing which one of you should be ‘blamed’
- You don’t need to air the sensitive details that led to the end of your marriage
- There’s no need to gather enough unpleasant behaviour to qualify as ‘unreasonable’
- Conflict is reduced and puts couples in a better position to move forward
- Relationships post-separation are more likely to be amicable between parents, creating a more positive home environment for children
- Removing the need for blame has helped many couples reach agreements more amicably than may have been possible under the old law
- Couples no longer have to wait 2 or 5 years to evidence prolonged separation, allowing them to move on sooner
- A spouse can no longer contest a divorce simply because they don’t want it to happen, which is especially helpful in domestic abuse situations
- If divorcing amicably, it often means the total cost of your divorce is reduced too, due to less back and forth
Are there any disadvantages of no-fault divorce?
The aim of no-fault divorce is to make the divorce process simpler and less harmful to relationships. However, in some cases, assigning blame can feel just and a way to hold an ex-partner accountable for wrongdoing. For example, in cases where one partner has committed adultery or has been abusive, this new process provides a way for them to divorce without the partner at fault accepting responsibility. This can be difficult for the betrayed partner to navigate as there is seemingly no ‘justice’. However, it’s important to remember that the ultimate goal is to end the unhappy relationship.
The compulsory waiting period has also been difficult for couples who want to finalise their divorce quickly. Some people believe that divorce is now ‘too easy’ as no-fault divorce has simplified the process of legally ending a marriage, allowing couples to end their marriage too easily and not work to salvage their relationship.
However, this is one of the primary reasons for introducing the compulsory 20-week waiting period in the no fault divorce process, so couples have the potential to ‘cool off’, and if they choose, to reconcile.
Will a no-fault divorce affect what I am entitled to?
No. Even before no-fault divorce, it was rare for the circumstances that led to separation to have any impact on the outcome, such as division of financial assets and property or child arrangements. This has not changed under no-fault divorce.
However, it’s likely that by avoiding the need for blame, couples will be able to reach amicable and mutually favourable agreements more easily.
How will no-fault divorce affect financial settlements?
No-fault divorce will not affect what you’re entitled to in the financial settlement. Divorce does not automatically end a couple’s financial commitments to each other. Therefore, it’s vital that divorcing couples resolve their finances by reaching a financial settlement, which is then transferred to a legally binding court order.
Reaching a financial settlement can take time, and the introduction of the 20-week ‘cooling off’ period will allow parties ample time to resolve the finances of their marriage before the divorce is finalised.
How will no-fault divorce impact child arrangements?
No-fault divorce will have no effect on who gets custody of the children and will not affect how the court considers what is in the best interests of the child. With reduced acrimony and conflict, the new process paves the way for a more positive future for families with divorced parents.
Reaching an agreement on child arrangements can take time, and, again, the 20-week waiting period gives parents the time to explore and resolve a parenting plan before the divorce is finalised.
Do I need a solicitor to get a no-fault divorce?
Technically, no. However, it is always advised to seek a solicitor for your divorce. This is because legally ending the marriage and legally splitting your assets to ensure your spouse cannot make future claims on your wealth are very different.
Zanariah Webster, a Senior Associate at our London law office, says:
“It is important to know your rights in a divorce and what you are entitled to based on the matrimonial assets. This can be a complex area, and so obtaining legal advice would put you in a better position to negotiate a fair financial settlement.
“There is a plethora of information available, which can be misleading and confusing. Speaking with an expert will set your mind at ease and help you plan for your future.”
At Stowe Family Law, we help families across the UK with their divorce. Providing compassionate support and years of experience, our specialists are recognised by Legal 500 and Chambers & Partners for their knowledge. With over 2,000 ‘Excellent’ Trustpilot reviews, you can trust our team is here to help you move forward with life, confidently.
If you want the UK’s biggest team of dedicated divorce experts by your side during the no-fault divorce process, get in contact with us today. Alternatively, you can give us a call on 0330 159 9869 to speak with our friendly team.
Keep reading…
How to choose a divorce lawyer
Who pays the legal fees in a divorce?
How to settle divorce out of court
Originally written March 2022.
The concept of fault divorce is both intriguing and complex. It demands evidence that one spouse’s actions, such as cruelty or desertion, directly led to the marriage’s failure. This can make the divorce proceedings more confrontational. However, I see its merit in cases where one spouse’s behavior is particularly egregious. It can provide closure and justice for the wronged party. But the emotional and financial costs of proving fault might outweigh the benefits for some couples. Do you think fault divorces are still practical, or should they be entirely replaced by no-fault systems in today’s modern legal landscape?
Before filing for divorce, take a close look at your financial situation. Understanding your assets, debts, and expenses will help you make more informed decisions during the separation process. Be prepared for potential financial changes after the divorce is finalized, such as alimony or child support. Consider hiring a financial advisor who specializes in divorce to help with asset division and long-term financial planning. Protecting your financial future is just as important as emotional healing, so don’t overlook this critical step when considering divorce.